20200914Decision Memo.pdf

DECISIONMEMORAI\DTJM
TO COMMISSIONER KJELLANDER
COMMISSIONER RAPER
C OMMISSIONER AI\DERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM:KARL T. KLEIN
DEPUTY ATTORNEY GENERAL
DATE: SEPTEMBER 11,2020
SUBJECT: IN RE COVID-l9 RESPONSE - CASE NO. GNR-U-20-01.
OnFriday,March l3,2020,Idaho'sGovernordeclaredastateofemergencytocombattre
spread of COVID-I9, provide essential services, and limitpublic exposure. Amongotherthinp,
the Governor suspended the requirement that persons be allowed to physically attend public
meetings. The Commission, in turn, issued Order No. 34602 to foster safe procedures at the
Commission. For example, the Commission began to conduct its certain meetings exclusively by
telephone.
Since the Commission issued its order, the State's response to COVID-I9 has evolved, and
the Commission has resumed many of its normal operations. Accordingly, I recommend the
Commission replace OrderNo. 34602 with a new orderreflectingupdatedpractices.
The new order would be like Order N o. 34602 in noting the Commission remains open and
that electronic filing and service is permitted. The new order would primarily differ from Order
No. 34602 as follows:
1 . The new order would acknowledge persons may physically attend pubtic meetings
but encourage persons to remotely attend them. To avoid situations thatwould cause
persons or parties to gather in unacceptable numbers, the order would note the
Commission allows persons to attend the Commission's public meetings and hearings
either in-person or by telephone or other electronic means. The new order would,
however, enc ourage remote attendance when p o ssible.
2. The new order would stress persons who physically attend meetings must obsere
safety precautions. The new order would reflect updated guidelines and requirements
DECISION MEMORANDUM 1
from the Governor and the District Board of Central District Health (CDH). The order
would note that sick persons should not physically attend the Commission's meetings,
and that persons who do physicallyattend must, whenpossible, either: (a) maintain at
least six-foot physical distancing from other persons; or (b) wear a face covering that
covers the person's nose and mouth when others are present and a physical distance of
six feetcannotbe maintaind. The orderwouldencotrage persons both to maintain six-
footphysical distancin gandwear a facecovering. The order also wouldremind persons
to adhere to atl CDH's safety directives in effect at the time the Commission's public
proceeding is to occur. CDH Restriction Orders ate available here:
https://www.c dh d. idaho. sov/dac-coronavirus-order nhn.The order would note the
Commission may restrict the number of people who attendpublic proceedings to he$
maintain appropriate physical distancing.
COMNIISSION DECISION
Does the Commission wish to issue an updated order consistent with the above
discussion?
/
KarlT Klein
Deputy Attorney General
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2DECISION MEMORANDUM